SB 286 — Revises provisions relating to aggregated sentences and eligibility for parole. (BDR 14-293)

S.B.Senate Bill No.

286286–Senators SParks, ENATESpearman; B ILLN O.

286–SENATORSBrooks, PARKSCancela, ,Denis, SPEARMAND. ;

BROOKSHarris, ,Ratti Cand ANCELAWoodhouse ,Joint DENIS,Sponsors: D.

HARRIS,Assemblymen RATTIFumo; AND W OODHOUSE M ARCH 15, 2019 ____________ JOINT SPONSORS :

AAssefa, SSEMBLYMENCarlton, FUMOCarrillo, ;Duran, Edwards, Gorelow, Hambrick, Martinez, Munk, Nguyen, Torres and Watts CHAPTER..........

A SSEFA, C ARLTON , CARRILLO , D URAN , EDWARDS , G ORELOW , H AMBRICK , M ARTINEZ , MUNK , NGUYEN , TORRES AND W ATTS ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to aggregated sentences and eligibility for parole.

(BDR 14-293) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law establishes provisions relating to the aggregation of sentences Sectionimposed 1upon ofa thisperson billwho providesis thatconvicted such provisions must not be construed to prohibit the aggregation of anytwo sentencesor relatingmore tooffenses. different cases.

(NRS 176.035) Section 1 of this bill provides that such provisions must not be construed to prohibit the aggregation of any sentences relating to different cases.

and (2) authorizes a prisoner upon whom a have the sentence imposed for anthe additional penalty isaggregated imposedwith beforethe Octobersentence 1, 2019, to elect to imposed for the underlying offense.

Section 1 additionally revises provisionsenceprovisions concerning the execution of certain sentences.

(NRS 213.1212) The amount of credit earned is set forth in different provisions of law and is generally dependent - *SB286* – 2 – was sentenced was committed.

and (2) establishes the procedure by which the also provides that, at the request of a prisoner, the Department is authorizedrequired to disaggregatedetermine any aggregated sentences for which parole has not been considered for the purposeminimum term of aggregatingeach suchsentence. sentences with other sentences.

Section 2 additionallyalso provides thatthat, ifat the Departmentrequest aggregates sentences that are comprised of separatea aggregatedprisoner, sentences, the Department is authorized,authorized withto aggregatedthe sentence.topurpose aggregateof allaggregating consecutivesuch sentences towith createother asentences. single THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 2dered for additionally provides that if the Department aggregates sentences that are comprised of separate aggregated sentences, the Department is authorized, with certain exceptions, to aggregate all consecutive sentences to create a single aggregated sentence.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Except as otherwise provided in subsection 3, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentencessentencest in imposing subsequently pronounced run either concurrently or consecutively with the sentence first imposed.

(b) If all the sentences impose a minimum and maximum term of imprisonment, the court must aggregate the minimum termstermsrm of imprisonment to determine the minimum aggregate term of imprisonment and must aggregate the maximum terms of - *SB286* – 3 – imprisonment to determine the maximum aggregate term of imprisonment.

[If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired - 80th Session (2019) – 3 – term of imprisonment and without reference to eligibility for parole.] 4.

Whenever a person under sentence of imprisonment commits another crime for which the punishment is death [,] or imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term ofofe sentence imprisonment.

Regardless of whether a person is under sentence of imprisonment, if the person commits another crime for which the punishment is death or imprisonment for life without theich the possibility of parole, the sentence must be executed without reference to eligibility for parole.

This section does not prevent the State Board of Parole Commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequentsub9.quThis termsection must not be construed to prohibit the aggregation of imprisonment.any sentences of imprisonment relating to different cases.

- *SB286* – 4 – 9.

This section must not be construed to prohibit the aggregation of any sentences of imprisonment relating to different cases.

- 80th Session (2019) – 4 – 2.

For purposes of determining parole eligibility, if the sentences of a prisoner are governed by different provisions of law concerning the earning of credits pursuant to NRS 209.433 to of law 209.4465, inclusive, the Department of Corrections shall determine the minimum term of each sentence to be aggregated imprisonmentfor as follows:lishing a minimum aggregate term of (a) If the parolepurpose eligibility of aestablishing prisoner is based on credits earned pursuant to NRS 209.433 or 209.443, the Department of Corrections shall establish a fixed minimum aggregate term forof thatimprisonment sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as providedfollows: in NRS 209.433 or 209.443, as applicable, except for credits earned for donating blood or for educational achievements in accordance with any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443.

(a) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.433 or 209.443, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as provided in NRS 209.433 or 209.443, as applicable, except for credits earned for donating blood or for educational achievements in accordance with any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443.

(b) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.446, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to - *SB286* – 5 – reduce that sentence as provided in NRS 209.446, except for credits earned for educational achievements pursuant to subsection 2 of NRS 209.446 or for meritorious service pursuant to subsection 4 of NRS 209.446.

(c) If a prisoner is eligible to earn a deduction from the minimum term of his or her sentence pursuant to subsection 8 of NRS 209.4465, the minimum term of the sentence to be - 80th Session (2019) – 5 – aggregated must be the minimum term set by the court, and the provisions of subsection 9 of NRS 209.4465 must be applied to the aggregated sentence.

A prisoner whose sentences have been aggregated pursuant to subsection 3 may earn credits to reduce the maximum aggregate term of imprisonment, as already reduced by anyanyaximum presentence credits stipulated in the judgment of conviction or other applicable court order, pursuant to NRS 209.4465 or 209.4475 beginning on the date the prisoner elected to have the sentences aggregated or on the date of sentencing.

35. of NRS 176.035, a prisoner who is serving consecutive sentencesn which have not been aggregated may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the sentences aggregated.